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EQB adopts Proposed Rulemaking – Water Quality Standards for Manganese and Implementation

EQB adopts Proposed Rulemaking – Water Quality Standards for Manganese and Implementation

The EQB met this morning and adopted the Proposed Rulemaking – Water Quality Standards for Manganese and Implementation – by a vote of 14 to 5.

Senator Yaw (R-Lycoming) made a Motion, seconded by Rep. Metcalfe (R-Butler) to Table the proposal and have DEP come back to the EQB with the addition of language asking for public comment on the impacts on re-mining.  Basically, he wanted to add language creating a Chapter 95.11, which amends 25 PaCode Chapter 95 (Wastewater Treatment Requirements).  However, I do not have the actual language he was proposing, as it was only handed out during the meeting to EQB members.  Senator Yaw’s Motion FAILED in an 8 to 11 vote.

The DEP’s power point presentation has not yet been posted on the EQB website, but below is the information that is currently posted.

The next steps are a 45-day public comment period upon publication in the Pennsylvania Bulleting (Feb-March timeframe).

Proposed Rulemaking: Water Quality Standards for Manganese and Implementation (25 Pa. Code Chapters 93 and 96)

 

  • DEP’s proposal to set a new toxic substance health standard for manganese:

 

  • Acknowledges the legislative requirement in Act 40 of 2017 to propose a regulation moving the point of compliance for manganese to the point of all existing or planned surface potable water supply withdrawals; AND

 

  • To support proposing a regulation, either through the Annex or by discussion in the Preamble (whichever is the most legally appropriate) that adds manganese to Table 5 in Section 93.8(c) as a toxic substance for human health at the level of 0.3 mg/L.  The compliance point for this standard will be met in all surface water, as described in section 96.3(c); AND

 

  • To request public comment on his combined approach for consideration in developing a final regulation.

 

Special thanks to:

Erik A. Ross

Senior Associate

Milliron & Goodman Government Relations, LLC.

200 North 3rd Street

Suite 1500

Harrisburg, PA 17101

Phone:  717-232-5322

Cell:  717-574-3963

erik@millirongoodman.com

 

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